Using Our Website

1. By visiting Our Site, You engage in Our “Service” and agree to be bound by the following Terms and Conditions, including those additional Policies referenced herein and/or available by hyperlink.

2. These Terms and Conditions apply to all Users of the Site, including without limitation Users who are browsers, vendors, customers, merchants, and/or contributors of content.

3. Please read these Terms and Conditions carefully before accessing or Using Our Website. If You do not agree to all the Terms and Conditions of this agreement, then You may not access the Website or Use any services.

4. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to Our Website. It is Your responsibility to check this page periodically for changes. Your continued Use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

5. Our Site is hosted on Wix that provide Us with the online e-commerce platform that allows Us to sell Our products and services to You.

Our Information

1. This Website is operated by Overland Underwater Training. Throughout the Site, the terms “We”, “Us”, “Our” and “the team” refer to Overland Underwater Training.

2. The following Terms and Conditions set out the basis on which all goods and services are sold by Overland Underwater Training (“We”, “Us”, “Our”), to the purchaser, (“You”, “Your”), from Our Website (“the Site”) and in store.

3. Overland Underwater Training is based in York, Tel. +44 7771 395585,  training@overlandundeerwater.com

4. Registered in England & Wales

The Agreement Between You and Us

1. These Terms and Conditions, together with Our Privacy Policy and any sign up form, order form or payment instructions comprise the whole agreement between You and Us in relation to each order that We accept from You.

2. All purchases of services from the Site and in store will be governed by these Terms and Conditions to the exclusion of any other terms.

3. By browsing the Site or booking online, You agree to be bound by these Terms and Conditions.

4. By placing any order, You acknowledge that You have not relied on any statement, warranty or representation other than those which are made in these Terms and Conditions, Our Privacy Policy, any sign up form, order form or any payment instructions.

Orders

1. When placing an order with Us, either on Our Site or in store, You are making an offer to purchase.

2. For orders made on Our Site, We will send You an Order/Booking Confirmation email to acknowledge Your offer. For orders made in store, We will send a Receipt Of Purchase/Booking Confirmation via email. Your offer is considered accepted by Us when we receive Your deposit or full payment.

3. We reserve the right to reject any offer at Our discretion at any time prior to acceptance. Rejected orders will be refunded in full or not charged.

4. Occasionally there may be information on Our Site or in store that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors and omissions in any price or other information without any liability.

5. All descriptions of services and service pricing are subject to change at any time without notice, at the sole discretion of Us.

6. We reserve the right to discontinue any service at any time.

7. Any advice or recommendation given by Us is followed or acted upon entirely at Your own risk.

8. The quality and description of any specifications for the services shall be those set out in the Site or in store. You should be aware that although all reasonable steps are taken to ensure accuracy of descriptions and images on the Site, We cannot guarantee accuracy.

9. Services on the Site or in store may only be sold to persons aged 18 or over unless parental consent is given. In placing an order for any such goods, You represent and warrant that You are at least 18 years old. We reserve the right to refuse any order where satisfactory proof of age has not been provided.

10. It is Your responsibility to ensure that You hold the relevant qualifications from a recognised training organisation and/or medical clearance where required before purchasing a service.

11. Gift vouchers are valid for a maximum of 12 months unless otherwise stated.

    1. The voucher will be deemed to be invalid if it is out of date.

    2. The validity period is normally stated on the gift voucher and/or Invoice.

    3. Vouchers may only be redeemed against the goods or service stated and cannot be exchanged for cash.

Payment

1. For orders placed Using a debit/credit card, Amazon Pay, PayPal, Apple Pay or Google Pay We charge once the order is placed. Orders cancelled prior to the commencement of a service will be refunded in full.

2. Failure to collect the funds successfully may result in delayed acceptance of Your order or cancellation.

3. Payments will show on Your statement as “Overland Underwater Training”

4. Your payment method will be debited in GBP. All sums displayed on the Site or in store in other currencies are indicative and are provided for information purposes only.

5. We aim to protect legitimate payment card and PayPal account holders from fraud and therefore will report to the relevant authorities any person Using, or attempting to Use, a payment method without apparent authority.

Availability and Pricing

1. All prices listed in on the Site are subject to change without prior notice.

2. Although every effort is made by Us to ensure that the prices displayed on the Site are correct, mispricing can occur. Under these circumstances, We reserve the right, at Our discretion, either to contact You for instructions or cancel Your order and notify You accordingly.

Cancellation

Your Right To Cancel

1. You may withdraw Your offer to buy at any time prior to commencing a service, by contacting Us directly.

2. At the time You have commenced a service, You are deemed to have entered into a contract and the cancellation period begins.

3. Under the Consumer Contracts Regulations 2013, EU customers have the right to cancel their contract within 14 calendar days without giving any reason.

Cooling Off Period

1. The cancellation period will expire after 14 calendar days from the day on which You have commenced a service.

Address

1. The cancellation period will expire after 14 calendar days from the day on which You have commenced a service.

Deadline

1. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel, before the cancellation period has expired.

Effects of Cancellation

1. If You cancel this contract within the 14 days set out in the Consumer Contracts Regulations, We will reimburse to You all payments received from You.

2. We may make a deduction from the reimbursement for any service completed during the cancellation period (see ‘Compensation in the case of a service contract’ sections below).

3. We will make the reimbursement without undue delay, and not later than 14 days after the day on which We are informed about Your decision to cancel this contract.

4. Where able, We will make the reimbursement Using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise. If this is not possible, we will organise a BACS transfer; in any event, You will not incur any fees as a result of the reimbursement.

Compensation In The Case Of A Service Contract

1. If You requested to begin the performance of services during the cancellation period, You shall pay Us an amount which is in proportion to what has been performed, until You have communicated to Us Your cancellation of the contract, in comparison with the full coverage of the contract.

2. For further information please refer to the relevant course, workshop or trips sections below.

Warranties and Liability

1. To the extent permitted by law, We exclude all liability for the content of any Websites which link into this Site.

2. We will Use all reasonable endeavours to ensure that the Site remains available at all times. However, We cannot guarantee that the Site will operate continuously or will be error free. We therefore cannot accept any liability for any failure or non-availability of the Site.

3. We do not accept, and hereby exclude to the fullest extent permissible under law, any liability for any loss of data, profit, revenue or business, or for any indirect or consequential loss or damage, however caused. Nothing in these Terms and Conditions shall be construed as excluding or limiting liability for death or personal injury caused by negligence or for fraud.

4. We may provide You with access to third-party tools over which We neither monitor nor have any control nor input.

   1. You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your Use of optional third-party tools.

   2. Any Use by You of optional tools offered through the Site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

5. Certain content, products, and services available via Our Service may include materials from third-parties.

   1. Third-party links on this Site may direct You to third-party Websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.

Your Personal Information

1. Your submission of personal information through the Site or in store is governed by Our Privacy Policy.

2. We comply with GDPR. For more information, refer to Our Data Protection Policy.

3. We confirm that We will not pass on any information relating to You or Your order(s) to any other company without Your prior consent.

4. The information We have about You will be stored on computer and In the cloud.

5. If You complete any in-water activity, We hold your personal details for a period of 7 years as required by law.

6. Credit card details are never stored in any way. Please see our Privacy Policy for full details.

7. If You have opted into any mailing lists or marketing campaigns, You may change these preferences at any time.

8. If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise Use in any medium any comments that You forward to Us. We are and shall be under no obligation

   1. to maintain any comments in confidence;

   2. to pay compensation for any comments; or

   3. to respond to any comments.

9. We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

10. You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not Use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

General

1. You are not entitled to assign or transfer any of Your rights or obligations under these Terms and Conditions.

2. If any provision, or any part of any provision, in these Terms and Conditions is held by any court of competent jurisdiction to be illegal, invalid, void or unenforceable for any reason than that provision, or part provision, shall be treated as having been deleted. The remainder of these Terms and Conditions shall continue to apply.

3. Neither You nor Us shall be liable for any failure to perform any obligation under these Terms and Conditions which is due to circumstances beyond Your or Our reasonable control.

4. The failure by You or Us to exercise or enforce any right or obligation under these Terms and Conditions, shall not be deemed to be a waiver of that right or obligation, nor shall it operate to bar the exercise or enforcement of it at any time or times thereafter.

5. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.

6. These Terms and Conditions shall be governed by the laws of England and You agree to submit to the non-exclusive jurisdiction of the English courts.

7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, Use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by Us.

8. You may not Use Our products for any illegal or unauthorised purpose nor may You, in the Use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

9. You must not transmit any worms or viruses or any code of a destructive nature.

Requirements To Dive

1. You may not participate in any in-water activities without a satisfactorily completed Diver Pack. This includes:

   1. The SSI Responsible Diver Code;

   2. RSTC Medical Statement ;

      • The RSTC Medical Statement requires physician’s approval should the answer to any statement be “yes” OR for participation in a Professional Level Course

      • Failure to declare medical conditions in accordance with the Medical Statement, or the discovery of new medical conditions during a course will result in a temporary suspension from in-water activities until medical clearance is received.

      • Failure to seek timely physician’s approval prior to commencing a course which results in a delay to scheduling will incur a £45.00 Missed Session Fee.

   3. PADI Statement of Risk and Liability;

   4. PADI Non-Agency Acknowledgement Form;

   5. PADI Standard Safe Diving Practices Statement of Understanding;

   6. and any other course specific PADI/SSI forms and/or paperwork.

2. All inexperienced divers must be supervised by a Overland Underwater Team Member.

   1. Generally, a Technical Certified diver, a Divemaster or Instructor will be considered experienced and will not need supervision. However, divers will be assessed individually.

   2. Should You hold a recreational level qualification but have completed over 100 dives in UK conditions and can demonstrate the appropriate level of safety and awareness You may be permitted to dive in an unsupervised buddy team at the discretion of the Dive Supervisor.

3. Neither Overland Underwater Training, its employees or contractors can be held responsible for damage to or loss of any personal equipment caused prior to, during or after any diving activities.

4. You agree to abide by the rules and decisions of Overland Underwater Training, it’s staff and subcontractors in all in-water and training matters.

5. Overland Underwater Training is a no-touch, no-take operation. You must avoid contact with the bottom as much as possible. You must not touch or collect marine life, wreck or historical artefacts. You are encouraged to remove any marine debris You come across where safe to do so.

6. Overland Underwater Training reserves the right to refuse Your dive should You flaunt safe diving practises or show no care for the environment.

Dive Programs

FEES

1. The Try Scuba Diving experience, Scuba Diving Refresher, specialities and all Workshops must be paid in full upon booking.

2. If Your session cannot go ahead because of Your failure to complete Overland Underwater Training/SSI/PADI documents and/or RTSC Medical Statement, You will be charged in full.

SESSION CANCELLATIONS

1. You must give at least 48 hours’ notice if cancelling a session.

   1. Late cancellations or no shows will be charged in full.

2. Should You attend a session and choose not to partake, You will be charged in full.

3. Overland Underwater Training will inform You of any changes or cancellations with as much notice as possible.

   1. Where Overland Underwater Training has changed or cancelled a session, there will be no session charges incurred. Overland Underwater Training will make every effort to rearrange as soon as possible.

   2. If the weather or any other circumstances beyond the control of Overland Underwater Training cause the course to be delayed, changed or cancelled, no liability can be accepted by the aforesaid parties for consequential loss, damage or any expense incurred.

EQUIPMENT

1. Equipment hire is included in Your booking.

2. You are responsible for the care of all hired equipment You use and are solely responsible for any damages or losses.

3. All damages and losses will be charged at cost

Learn to dive adventure

FEES

1. SSI/PADI Scuba Diver and Upgrade to Open Water must be paid in full upon booking.

2. The Straight To Open Water option requires a minimum £340.00 deposit to secure booking

3. The receipt of full payment/deposit and booking will release Your course materials.

   1. Once Your course materials have been allocated, Your full payment/deposit cannot be refunded.

   2. PADI/SSI Digital Materials will be provided within 96 hours from the time of booking.

4. Your learn to dive adventure is scheduled within one calendar month, with fixed diving days at the end of pool sessions. If you're unable to complete your training within your chosen month, there may be additional charges to join in with another group.

5. Delays caused to the Learn To Dive Adventure by Your failure to complete Overland Underwater Training/SSI/PADI documents and/or RTSC Medical Statement will incur a £45.00 Missed Session Fee.

6. Your certification will be withheld if Your course balance is not paid in full.

7. Any charges incurred during the course will result in suspension of Your training and the withholding of certification until paid in full.

8. If Students fail to meet the course Performance Requirements during their Learn To Dive Adventure, Overland Underwater Training will do everything they can, within reason, to help the student overcome the barrier. This includes:

   1. Additional pool sessions will be charged at £45.00

   2. One additional Open Water Dive at no extra cost. Further required sessions will be charged at £150.00 per day.

SCHEDULING

1. PADI/SSI Scuba Diver and Upgrade To Open Water and straight to Open Warer have fixed schedules which will be arranged when you book, although every effort will be made to accommodate should a session be missed.

2. Missed sessions or late cancellations will be charged as above

3. If pool sessions cannot be rearranged before the diving day date, additional charges will be incurred to rearrange training with the next group in the following event.

SESSION CANCELLATIONS

1. You must give at least 96 hours’ notice if cancelling a pool session.

   1. Late cancellations or no shows for sessions will be charged a £45.00 Missed Session Fee.

   2. Should You attend a scheduled session and choose not to partake, You will be charged a £45.00 Missed Session Fee.

2. You must give at least 96 hours’ notice if cancelling a diving day.

   1.  

      1. Late cancellations or no shows for sessions will be charged a £150.00 Missed Session Fee.

      2. Should You attend a scheduled session and choose not to partake, You will be charged a £150.00 Missed Session Fee.

3. Overland Underwater Training will inform You of any changes or cancellations with as much notice as possible.

   1. Where Overland Underwater Training has changed or cancelled a session, there will be no session charges incurred. Overland Underwater Training will make every effort to rearrange as soon as possible.

   2. If the weather or any other circumstances beyond the control of Overland Underwater Training cause the course to be delayed, changed or cancelled, no liability can be accepted by the aforesaid parties for consequential loss, damage or any expense incurred.

4. If You wish to discontinue training outside of the cancellation period, your deposit will not be refunded and You shall pay Us an amount which is in proportion to what has been performed plus any additional scheduled components, until You have communicated to Us before cancellation of the contract, in comparison with the full coverage of the contract.

EQUIPMENT

1. Equipment hire is included in Your Learn To Dive Adventure.

2. You are responsible for the care of all hired equipment You use and are solely responsible for any damages or losses.

3. All damages and losses will be charged at cost

Pool Sessions

1. Pool Sessions are subject to availability. Members must pre-book their Pool Sessions.

2. Members wishing to cancel booked pool sessions must do so at least 48 hours prior to the session.

   1. Late cancellation will incur loss of credit for the session.

3. Pool sessions can include full equipment rental and are subject to the same terms and conditions as listed in the Equipment Rental section.

4. Pool sessions are supervised by surface/in water support. In water tuition/buddy support can be requested but will incur additional costs.

Facebook Group

1. Members agree to conduct themselves appropriately online.

   1. Instances of abuse, racism, slander etc will not be tolerated.

2. Members will be removed from the group if admins deem their behaviour inappropriate.